CouNCii. P R O C E E B I N G S . 209

Ann Arbor, Mich., April 3rd, 1905. Council Chamber,

Regular session. Meeting called to order by City

Clerk. Present—Aid. Schlenker—1. Absent—Aid. Gill, Douglas, Hutzel,

Miller, Kearns, Schumacher, Markey, Bangs, Sherk, Goodyear, Coon, Robin­son, Fischer, Pres . Walz—14.-

There being no quorum present the council adjourned to Thursday night, April 6th. 1905.

ROSS' GRANGER, Clerk.

Counc 1 Chamber, Ann Arbor, Mich., Apr. 6, 1905.

Adjourned Regular Session. Meeting called to order by Pres .

walz . Present—Aid. Gill, Douglas, Hutzel,

Schlenker, Mi:ler, Kearns , Schu­macher, Sherk, Goodyear, Coon ,Rob-11) son, Fischer, Pres. Walz—13

Absent—Aid. Markey, Bangs—2. Minutes of previous meeting ap­

proved.

Communicaticns and Petition*. Communication from the Board of

Public Works relat ive to expenditures and invoice of material and property on hand received and referred back— the Board's a l t n . i o n c l l e d to Sec. 144, r age 67 cf the charter .

Petit ion of Wm. F. S . i i r s n . et al, relative to 'hangers-on" on Ann s t r e t received and referred to ci 'y marshal .

Commun'cat icn f r o x Glen V. Mills relative to ci y directories received and following r t so lu t on oftercd: Bv- Aid. S'2hlenker:

K-s-^lved, That the usual number of ci 'y direc 'ories (30) be purchased and a warra-^t ior T45 be drawn in favor of Gi^n V. Mi'ls for same. Adopted as follows:

Ye^s—Aid. Gill, Douglas, H ' i t ze \ fcchlenker. M Her, K^a r r s . Schu« macher, Sherk, Goodyear, Coon, Rob­inson. Fischer, Pres . Wal?—13.

Mays—None.

Report of Committees. FINANCE.

Ann Arbor, Mich., Apr. 6, 1905. To the Honorable the Common Coun­

cil: Gentlemen — Your committee on

Finance have had the following bills under consideration and would recom­mend their allowance, and tha t war­ran ts be drawn for the same.

Respectfully submitted, H. W. DOUGLAS, EMMET COON, GEO. H. FISCHER,

Committee. Contingent Fund.

S. W. Beakes, salary $8.33 M. E. Easterly, salary 20,00 Marvin Davinport, salary 6.25 T. D. Kearney, salary . .^ 50.00 Ed. Groves, salary 100.00 Ross Granger, salary 83.33 E. L. Seyler, salary 125.00 Daniel Ross, salary 83.00 Frank Mason, salary 35.00 U D, Grose, salary 29.16 Ross Granger, ( t le rk h i re ) ,

salary 25.00 Mrs. C. A. Green, rent 37.50 C. Schlenker, services 10.00 G. H. Fischer, services 10.00 C. W. Gill, services 10.00 T. D. Kearney, s e r v c e s 10.00 Geo. H. Pond, postaga 20.60 Ann Arbor Times Co., printing . 86.67 Ann Arbor Argus Co., pr int ing .153.82 Parker & Snyder, print ing 8.75 Athens p ress , print ing 3.00 Geo. W. Sweet, supplies 4.00 Herr ck & Bohnet, supplies . . . 1.65 Harold L. Bond Co., supplies . . 56.70 Charles Weidmayer, supplies . . 25.02 George Wahr, supplies 13.25 Jacob Seyfried, s traw 6.54 E. L. Schneider, plumbing 12.00 F. J Wessinger, painting level

rod 3.50 Henry Pipp, repair ing desk . . . 3.68 A. Schultz, removing garbage . . .50 Fira and Wate r Engineering,

pr int ing ' 10.50 Kenny & tjuinlan, repair ing

city offices 4.42 K. G. Hunt, s tenographic work, 26.20 Arthur J. Kitson, str ipping win­

dows 50.05

210 C O U N C I L P R O C K K D I N G S .

Registration and Eiection. John R, Miner, B. F. Wa t t s , C. W. Gill Ti tus F, Hutzel Christ ian Schlenker Walter Dancer Kichard Kearns Joseph Donelly i 'hil Schumache r ' Sid M. Bangs liJmmett Coon iiiugene Oesterlein C. Li. Miller J. W. Markey Geo. W. Weeks J ames Donavan Ar thur J. Kitson Wm. Goodyear B. F . Schuru^cher Geo. H. F ischer 0 . I^. Robinson Iiiugene G. Mann, election com. John T. Kenney, elect on c o m . . D. W. Springer, election c o m . . L. C Goodrich Wm. C. Hollands ? George Apfel Geo. W. Sweet irlenry Has t en 1. L. Sherk O. C. Spafford H. G. P re t tyman A. E. Mummery A. ,1. Sawyer, J r Henry Bliton F. H. Belser C. F. Mayer Wm. Walz J. T. Ke:^ny C. J. Ruele J. Panmgardne r W. H. Krapf Jacob Seabolt John Shadford Edward Dutty Channing Smith Ever t Scott H. P. Gcoi r ich Geo. Feiner , g i t e keeper H. C. Wilmont, g a t e k e e p e r . . . . . Gustave Wal te rs , ga te k e s p e r . . Christ ian Waltz, ga te keeper . . Bernard Morrison, g i t e keepe r . Mathew Ual'.on, ga te k e e p e r . .

10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00 10.00

6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 6.00 5. 5 5, 4, 4, 4, 4, 4, 4. 4, 4, 4, 4, 4, 4 4, 4, 4 4, 4 4, 4, 4,

•4 4 4 4 2

00 00 00 CO 00 00 00 CO 00 00 00 00 00 CO 00 00 00 00 CO 00 CO 00 00 00 00 00 00 00

2 .00 2, 2, 2, 2,

00 CO 00 00

Mictiael Hession, ga te k e e p e r . . 2.CO A. C. Baxter , ga te keeper 2.00 Newton Pelch, ga te .keeper 2.00 Ernes t Gutekunst , gate keeper . 2.00 J. W. Shaw, ga te keeper 2.00 John Phill ips, ga te keeper 2.00 Wm. Weinmann, ga te k e e p e r . . 2.00 Wm. Zebbs, ga te keeper 2.00 Wm. Beaubien, 14 meals a t .50c

per meal 7.00 D. M. Willit ts. 20 meals a t .50c

per meal 10.00 T. P . Prochnow, 13 meals a t

.50c per meal 6.50 Woodward Bros., 13 meals a t

.50c per meal 6.50 Hugh Johnson, 14 meals at .50c

per meal 7.00 Amer .can Hotel, 5 meals a t .5Cc

per meal 2.10 J. I 'red S'chmld, r e a t of s t o r e . . 10.00 Fred Weinberg , r en t of s h o p . . JO.CO Wm. Addis, r en t of slore 15.CO Chris t an Schlenker , boxes and

repai r ing stove 5.20 Wash tenaw Post , pr int ing 26.20 Sid W. Mallard, pr int ing 29.00 Fischer & Jb'inne 1, • s u p p l i e s . . . .12 O. M. Martin, use of office 5.CO Geo. H. Fischer , use of office.. 5.00 U C. G-llette. bill pos^.iEg 6.CO Pclhemus T ians le r , u e of car­

r iage 1.50 Robi ' isoa & C o , use of carr iage 4.50 F. B. S t i r k , use of c a r r i a g e . . . 1.50 Richmond & Backus, supp l ies . . 32.50 Bai ey & Edmunds , car ing f^r

voting machint s 22.00 Henne & Stang ^v, rent ing

chai rs and tables 2.50 Louie Mi l e ' , dray 1.00 Ed. Fa? ' e r ly , labor du r ' n^ e lc : -

t:on 6.00 M. J. O'Brien, drayage on elec­

tion day 4.0O

• / -$1671.28 Fire Fund.-

Fred Sipley, sa lary . ' . - . . . , . . . . . . .$73.00 C. A. Edwards , sa lary^ . 1 63.00 W. H. McLaren, s a l a r y ^ . . . . . . . 60.CO Max Witl inger, salary 60.00 Engene Willian:s, s a l a r y . . . . . . 60.CO Herman Kirn, salary . . . . . 60.CO Fred Nordttiah, sa lary 60.00

CouNCii, P R O C E E D I N G S . 211

Clias. Andrewd, salary Ralph Edwards , sa lary Sam'l McLaren, salary Chas. Carroll, sa lary Wm. Rett ich, salary Geo. STveet, hay Cornell & Esiinger, horse shoe­

ing i l enny & Quinlan, supplies Henry Richards , coal Ed. Hiscock, coal H. B. Walters , hay Walker & Co., repairs Mrs. Ream, washing fc-id W. Millard, fire com. ex­

penses to Detroit

60.00 60.00 54.00 30.00

6.00 -8.89

15.95 2.35

14.50 18.13 47.52

. 3.35

. 8.00

. 8.00

$773.59 Police Fund.

O. M. Kelsey, salary $83.33 Har r i s Ball, salary 75.00 David Collins, salary 60.00 George Isbell, salary 60.00 John U'Mara, t a l a ry 60.00 W-lliam Walsh, salary 30.00 Schumacher Hdw Co., suppl ies . 3.80

$371.13 Street Fund.

Michigan Milling Co., supplies.$14.00 M:chigan Central R. R. Co.,

freight 69 G. W. Cornell, repai r ing tools . 10.10 Wm. H. Esslinger, repai r ing

tools 6.70 Austin Wes te rn Co., 2 wheels

tor grader 15.00 Lewis Nowland, labor 21.00 Harvy Robinson, labor . . . 7.00 John McHugh, labor 21.00 Geo. bcha berle, labor 5.06 J. W. Markey, l a b : r 15.56 Bennet t French, l^bor 19.56 Jacob Becks, J r 6.62 Albert Eteffin, labor 11.48 Michael PursV.o^n, labor 1.84 A. G. Schneeberger, labor 2.33 u r n ^ s t R-^pp, labor 2.39 F rank fc'chnrider, labor 11."7 Augu: t Spess , labor 2.75 Co.tlob Feirkb-^in r, labor 5.63 W i n s Cl i rk , labor 8.25 Alvin Baxter, labor 11.55 B h i l p B^chey, labor 1.29 Codtried Goke^bac'^, l a b r 11.55

Michael Will iams, labor 17.24 August Schmidt, labor 1.65 August Radiest , labor 1.65 August Herman, labor 5.14 William Bradz, labor 5.14 John Holky, labor 1.65 Christ Hurs t , labor 5.14 John Wolfert, labor 14.30 James Will iams, labor 13.94 Michael Hession, labor 13.94 William Bury, labor 12.29 Henty Solhu, l abor 11.55 James Mason, labor 1.65 Geo. Schlimmer, labor 4.04 J ames Mason, labor 17.24

$319.40 Poor Fund.

Fred Sipley, sa ' a ry $10.00 Tnoch Dieterle, ambulance cal l . 2.00 O. M Martin, ambulance c a l l . . . 2.00 E. L, Brown, wood 445.25 H. J. Brown, supplies 5.50 GoDdyear Drug Co., supp l i e s . . 1.00 Eberbach Pharmacy, supp l i e s . . 2.10 Big^lke & Reule, supplies 6.41 J. Eschelbach, supplies 1.41 Mrs. Goetz, supplies 1.66 Wm. Goetz, supplies 5.48 Haas & Heibein, supplies 6.86 J. Hoheisel, supplies 2.00 Ed. Hiscock, supplies 18.90 A. G. Koch, supplies 7,18 W. F. Lodholz, supplies 11.06 Minor & Pray, supplies 5.00 G. B. Ottmer, supplies 9.13 C. F. Pardon, supplies 2.00 L. Rohde, supplies 17.05 C. Rinsey, supplies 8.63 R:'nsey & Kyer, s u p p l e s 13.70 W. P. St mpson, s u p p l e s 3.00 Geo. Spathelf, supplies l.CO J. Wahr , supplies 1.50 C. Z lern, supplies 2.16

$592.88 Street Lighting Fund.

Washtenaw L ght & Power Co., l ighting s t ree ts , $865.07

Contingent, Sidewalk and Delinquent Tax Fund.

Patr ick Kennedy, overcharge on sidewalk $18.46

Don Fund. Charlie Cornwell, b u r y n g d o g . . $ .50

212

1). G. Gates, burying dog and cat 1.00 \Vm. Starlt, burying dog 50 J. H. l?'reeman, burying car 50

CouNCii, PROCKKDINGS.

tions of the said Railway Company. The Common Council of the City

R E C A P I T U L A T I O N . Contingeut Fund Fire Fund Police Fund Street Fund Poor Fund ytreet Lighting Fund Contingent, Sidewallt and De­

linquent Tax Funa Dog Tax Fund

$2.50

$1671.28 773.59 371.13 349.40 592.88 865.07

18.40 2.50

$4641.97 Adopted as lollows:

yeas—Aid. Gill, Douglas, Hutzel, fcchlenker, Miller, ' Kearns, Schu­macher, Sherk, Goodyear, Coon, Rob­inson, Fischer, Pres. Walz—13.

JSa^s—jNone. By Aid. Coon—

Resclved, that $600 be transferred from the Contingent fund to the Fire fund; that ^500 be transferred irom the Contirgsnt fund to the Pcor fund; that $500 be transfer:-ed frcm the Con­tingent fund to the Police fund. Adoped as follows:

Ye^s—Aid. Gill, Douglas, Hutzel, Schlenker Mill3r, Kearns, Schu-mac::er, Sherk, Gcodyear, Coor, Rob-iiison, F'sc'.er, Pr : s . Walz—1^.

JNays—None. Pe i;:on of Jacob Schneider et al

remonstratiiig aga ust the construc-ti n of street railways ov r certain sir ets, received a^id ordered on file.

Ordinance Committee. Aid. Fis2he.' presented an ordinance

granting the Adr an and Ann Arbor Electric Railway Company the right to construct, maintain and operate a street railway :n and through the City of Ai;n Arbor for Its third read­ing.

AN ORDINANCE granting to the Adrian and Ann Arbor Electric Railway Company the right to con­struct, maiiitain and operate a street railway in and through the City of Ann Arbor, and defining the powers, privileges and restric-

of Ann Arbor ordain;

Section 1. That consent, permis­sion and authority be and is hereby given and granted to the Adrian and Ann Arbor Electric Railway Com­pany, a corporation organized and ex­isting imder the laws of the State of Michigan, and to its successors and as­signs, lo construct, maintain, use ami operate for a period of thirty years from and after the date of approval of this ordinance a street railway, the motive power of which shall be compressed air, direct current sys­tem of electricity, multiphase or al­ternating current system of electric­ity, storage batteries, or other mod­ern rapid motive power, excepting steam, at the option of said grantees, with from time to time, the neces­sary switches, turnouts, poles, feed­ers, wires and other wires and ap­pliances to operate the same through the City of Ann Arbor, and towards, or to the City of Adr:an, Michigan, upon and along the following streets in the City oi Ann Arbor, namely:

Commencing at the intersection of West Liberty strest and the :: ty ^'m-its, and running easterly on West Lib­erty street to Third street; Iheace northerly on Third street to Washing-ion street; thence easterly on Wash­ington streat to Fourth avenue; thence northerly on Fourth avenue to Ann street; thence westerly on Ann street to AEhiey street; thence soiith on Ashley street to Washington street.

Section 2. The said street rail­way shall be constructed and consist of a standard guage track with, from time to time, all necessary ^witches, ai. ' turnouts, and, together with all of V ' cars, appliances and equip­ments, shall be constructed and maintained in the most approved modern inanner and in all respects of firstclass material, and so as to Interfere and interrupt as little as possible the ordinary traffic on and along the said streets and highways.

CouNcii. PROCEEDINGS. 213

Section 3. This grant is made up­on the express condition that said proposed street railway be constructed buj It and in operation from Adrian, Michigan, to Ann Arbor, Michigan, Dy way of Saline within eigh­teen months from the date of this ordinance. In the event of a failure so to complete said street railway, within the time above limited, then this ordinance shall be in all things null and void.

In case a part of said railway is constructed and for good and suffic­ient reaaons, beyond the control of said company, the same cannot be fully completed and in operation as above provided, then it is agreed that a reasonable extension shall be sraKted.

And this franchise Is granted up­on the further express condition that if the ^aid grantees, their heirs, suc­cessors or assigns, shall sell, assign or coRKolidate, or attempt to sell, as­sign or consolidate the electric rail­way to be constructed under this tranchise, with any ffteam railway; or if the said electric railway so to be constructed, or the stocks or bonds thereof, shall be purchased, or otherwise acquired, by any such sleaiu railway, or by a director, or oilier principal officer, or other per­son acting on behalf of any such steam railway, this franchise shall from thence be null and void.

And upon the further condition that the said grantees, their suc-cessor3 and assigns, and the corpor­ation operating the street railway under th s franchise, shall sprinkle, wei down and lay the d'lst on all that part of every street occupied by their tracks, or upon which their said cars run, by virtue of this fran­chise or under contract arrangement with any other company, and for a space or distance of two feet on either side of their said tracks, to the extent and so that the dust shall at all fmss be well and sufficiently laid. And the said Common Coun­cil shall have power and authority at all times to make such further

rules, orders, ordinances or regula­tions, concerning the construction and operation of said street railway and cars, as may, from time to time, be deemed necessary to protect the interests, safety and welfare of Lhe inhabitants of the said city, and to accommodate the public in its rela­tion to the said street railway sys­tem.

And the said railroad company shall give a satis factory bond in the sum of ten thousand dollars that the terms of this section shall be fulfilled and this ordinance shall not become oper­ative unless s'.ich bond shall be giv­en. By Aid. Schlenker—

Resolved, that Sec. 3 be amended by adding after the words **by way of" and before the word "Saline," *'the village of" and after the words *'with-in eighteen months from date of this ordinance," *'and that a spur line to the Village of Manchester be bul't within three years from the passage of this ordinance." Adopted as follows:

Yeas—Aid. Douglas, Hutzel, Schlenker, M^ller, Kearns, Schumach­er, Sherk, Goodyear, Coon, Robinson, b'lscher, Pres. Walz—12.

Mays—None. Section 4. The said grantees,

the:r successors and assigns, and the corporation operating the street rail­way under this franchise shall have Che right, privilege, power and au­thority to carry passengers, baggage, express. United States mail, light and package freight, and shall carry passengers—that is to say, local pas­sengers meaning thereby all perycns who shall or may apply for cari'iage and transportation within the cor­porate limits of the City of Ann Arbor over the said line of street railway, or any part thereof, for <me continuous passage one way, for a single fare of five cents ^or such passenger.

The said grantees, their success­ors and assigns, shall continuously keep on every car devoted to pas­senger service a supply of tickets for

214 CouNCiiv PROCEEDINGS.

sale at and for the price '̂ f Iwenty-five cents (25c) for six lick^^t•3, one of which tickets shall entitle any person to one continuous ri ̂ 1̂ e from and to any part of the city en and over said street railway, and tach and every person so paying sucii fare or delivering any such ticket shall on application be entitled to have and receive from the said grantees, their successors and assigns a trans­fer ticket, to the Detroit, Ypsilanti, Ann Arbor and Jackson Railway, or any other street railway that may hereafter be constructed within said city, within thirty minutes from the time of issue, shall entitle any such passenger to one continuous ride over said Detroit, Ypsilanti, Ann Arbor and Jackson Railway or any other street railway that may hereafter t e constructed within said city to any part of the city; and the said grantees, their successors and as­signs, shall receive and accept in payment for single fares and contin­uous rides over the street railway constructed under this franchise within the corporate limits of the city, like transfer tickets issued and delivered by the Detroit, Ypsilanti, Aun Arbor and Jackson Railway, its successors and assigns, or other street railway hereafter constructed within said city and the sa.d grantees shall make and maintain provision for the issue of such trans­fer tickets by the Detroit, Ypsilanti, Ann Arbor and Jackson Railway, its successors and assigns, or any other street railway that may hereafter be constructed within said city, and shall carry and transport children under age of five years, when accom­panied by guardian or parent; and all the members of the Ann Arbor po­lice force, fire department force, al­dermen and engineering force, when on duty, free

The provisions of this section shall not apply to passengers or persons who begin and end their journey out­side of the limits of the City of Ann Arbor, but shall be understood to ap­ply strictly to local passenger traf­

fic only, except that all persons who begin or end their journey within the corporate limits of the City of Ann Arbor, shall be entitled to receive, have and make use of such transfer tickets.

Section 5. This grant is made up­on a further condition that all of the cars of said street railway shall at all times be propelled by electric power or such other rapid motive power, except steam, as the grantees shall, or may, from time to time, deem expedient. The said cars shall be of modern type and shall at all times be properly lighted and com­fortably heated, and be propelled at a rate of speed not exceeding twelve miles per hour.

The said railway company, its suc­cessors and assigns shall operate cars over said line on a schedule of not less than one car per hour, but may operate its cars as much often-er as it may deem necessary.

In the paved or hereafter to be pav­ed portion of said street, the poles erected by the said grantees shall be ot iron, all other poles may be of wejl shaped ced?r and at all times maintained and properly fainted.

All the rails of the said railway, laid in said streets, shall be not less than 90 lb T or tram rail and the said grantees shall at all tin.r^s keep and maintain the .?pac^ be­tween the rails and eighteen incnes on the outside of the rails fillel with six inches f.ne cr.isVed stone and ma-c dam we 1 and sufficien'ly ccn^t not­ed and pro- e ly r 11 d and packed down fu^h wi h f-e rails, subject to the opproval of the board cf public works, so that the travel on the streets will be ss little obstruc'ed as possible.

The tracks and other applLn -es shall be laid and constructed in a careful and prudent raaner -mj by careful bonding and other ii])i>ro'jed methods, provide against electroly­sis of gas, water and other pipes laid beneath the surface of the street; and the grantees, their suc­cessors and assigns, shall be liable

CouNCii, PROCEEDINGS. 215 for, and shall pay to any person, tirm or corporation entitled thereto, any and all damage occasioned by electroloysis, coming from the said electric railway construction or oper­ation.

No cars shall be allowed to remain standing idle upon any street within the city limits, except by consent of the Common Council, nor shall any cars be permitted to stop on any crosswalk or any other street cross­ing except in case of accident, or tq take on or to discharge passengers, and then only without obstructing the crosswalks.

All cars taken over said railway shall be in charge of sober, prudent and experienced employees, and it snail be the duty of every person in charge of any car, to keep a vigi­lant watch or lookout for all teams, persons on foot and especially chil­dren and all other obstructions, eith­er upon the tracks or moving to­wards it, and at first appearance of danger, the car shall be stopped in the shortest time and space possible and all the cars shall be provided with sufficient air brakes for that purpose.

The cars upon said railway shall be always entitled to the track ex­cept as against the fire department, when on duty, and buildings being moved under the direction of the Board of Public Works, and the driv­er of any vehicle obstructing the same shall tarn out and leave the I rack Ires upon the approach of any car. as soon as possible, and so as noi 10 Impede the car; and any per­son who shall refuse so to do, after having been warned by the motor-man, or other person in charge of the car by the ringing of the car bell, or otherwise, shall upon con­viction thereof, before any court of competent jurisdiction, be fined in any sum not exceeding twenty-five ($25) dollars and the cost of prose­cution, and the court upon the imposi­tion of any such fine shall have the turther power and authority, to sen-te;ic3 any such offender to confine­

ment in the common county jail of the County of Washtenaw, until such fine and cost shall be paid, not ex­ceeding thirty days. By Aid. Hutzel—

Resolved, that section 5 be amend­ed by striking out, in third paragraph, everything relative to cedar poles, the paragraph to read as follows: "The poles to be erected by the said grantees shall be of iroa and at all times maintained and properly paint­ed." Adopted as follows:

Yeas—Aid, Douglas, Hutzel, ychlenker, Miller, Kearns, Schumach­er, Sherk, Goodyear, Coon, Robinson, K.scher, Pres. Walz—12.

IN ays—IN one. Section 6. Whenever the Com­

mon Council of the City of Ann Ar­bor shall order any of the streets over which this franchise is granted^ to be paved, repaved, or otherwise improved, or any part or parts there­of, wherein the tracks of said street railway are laid, it shall be the duty of the said grantees, their success­ors and assigns, and they shall at their own cost and expense, grade, pave, repave, or otherwise improve all of the parts of said streets which lie between the outer rails of their said tracks, and one foot six inches distant therefrom on the outer side thereof, and also the space lying be­tween the main tracks or track, and all side tracks, and all other places where there are side tracks, turn­outs, or switches with like kind of material other than street asphalt, at the same time and in the same manner in which the other portions of said streets, or street, shall or may be paved, repaved or otherwise improved.

If the said street railway shall be constructed in any street already pav­ed, then said grantees, shall pay to the City of Ann Arbor the cost of all material which the said grantees will be required to furnish to pave any such street. Said grantees shall not string wires within said c t y carrying a current under an el:c ric pressure

216 CouNCiiv PROCEEDINGS.

exceeding one thousand volts. By Aid. Hutzel—

Resolved, that section six be a-mended by adding the following: "Provided that the grantee herein shall pave and maintain Third street from Liberty to Washington street with brick on sand cushion and with curb stone, to the satisfaction and under the direction and supervision of the City Engineer and Board of Public Works, said pavement to be not less than twenty-nine and one-hali feet wide between curbs." Adopted as loUows:

Yeas—Aid, Do'jglas, Hutzel, Schlenker, M'ller, Kearns, Schumach­er, Sherk, Goodyear, Coon, Robinson, J^'ischer, Rres. Walz—12.

r^ays—JNone. Section 7. Ther tracks of said

railway shall be laid in the street at the points and on the lines desig­nated by the Common Council, and in the event that the said Common Council shall, for any reason, fail to make such designation within sixty days after receiving notice from the said grantees so to do, then the same shall bo laid in and along the center of said street.

Section 8. The said grantees, their successors and assigns, oper­ating the street railway under this franchise shall, after completing the construction of said street railway, restore the streets and all portions thereot, occupied by said street rail­way and maintain the same in as g od c;jndit'"on as the same were at the time such railway construction shail commence, and .the said street railway shall be in a'l things con­structed and operated in such a man­ner so as to interfere as little as may be with public travel and traf­fic in and along the streets and av­enues of the City of Ann Arbor.

Section 9. The said grantees shall, within ten days after the pas­sage of this ordinance, file with the City Clerk a written acceptance of the same and of all the terms and conditions thereof.

Sertion 10. Said Adrian and Ann

Arbor Electric Railway Company shall permit any other interurban railway company or city railway seeking admission to Ann Arbor to use its tracks and switches for the following compensation, viz.: said applying company or road to pay one-half of the interest on the bond­ed value of such tracks so used and one-half the expense of maintenance of such portion of the track so used.

Section 11. The said grantees and their assigns shall be liable for all damages which the city may sustain by reason of any negligence on the part ol the grantees, their agents, contractors or sub-contractors in the construction of said railroad and shall hold the city harmless therein, including all costs and expense in­curred in defending any suit occas­ioned thereby, or which may arise out of or be based upon alleged neg­ligence. The said grantees and their assigns shall file a bond before do­ing any work in said city other than surveying in the penal sum of ten thousand dollars, to be approved by the Council, conditioned to hold the city harm!e?s as aforesaid. And on fail'-re to file s ich bond tl:is crd-inance shall be of no force or effect.

Section 12. This ordinance shall take effect and be in force from and after the expiration of ten days from the legal publication thereof, and af­ter filing with the City Clerk a writ­ten acceptance of the same as above provided.

Section 1^. A failTe on the part of said grantee^, their successors and assigns to c:mply with any of the rrov-;i:n^, of ^ -- ordinance for a period of thirty days then this ordi­nance shall become null and void.

The President p i t the question: "Shall this ordinance pass as amend­ed ?'' Adopted as follows:

Yeas—Aid. Douglas, Hutzel, SchJenker. Miller, Kearns, Schumach­er, Sherk, Goodyear, Ccon, Robinson, Kscher, Pres. Walz—12.

Ways—iNcne. Aid. Fischer presented an ordinance

COUNCIL PROCEEDINGS. 217

prohibiting the firing, or setting off, find the sale or offering for sale of toy Eistols, cannon fire-crackers, dyn­amite tire-crackers, dynamite tor­pedoes, or any other fireworks, con­taining dyliamite, giant powder, or any other higher explosive than ordi­nary gun powder, which was given its first reading by title and referred to the ordinance committee.

Light Committee. To the Honorable the Common Coun­

cil Gentlemen:—Your committee on

light'ng would recommend that the Washtenaw Light & Power Co. be ordered to place the following arc lights: Corner Detroit street and tntn avenue; Vanghan street be­tween Packard and E. University av­enue; co:-ner cf WJlard and Church streets.

Kespec^faPy submiLted, WILLIAM GOODYEAR, C. SCHLENKER, RICHARD KEARNS,

Comn:ittee. Adop'ed ^s follows:

Yeas—Aid. Dougas, Hutzel, Schlenker, Miller, Kcarns, Schumach­er, Sherk,'Goodyear, Coon, Robinson, i'ischer, Pre^. Walz—12.

iNa s—JNcne. By Aid. Goodyear:

The lighting committee would re-sp(c fully recon-mend to the counc 1 that the Welsbaoh Street Lig:.tirg Cornrany ?.nd the Vapor l i gh t Co. be gi^en the pr vilege of n^aking a dis­play of their lights in the near fut re on such streets as the committee may c.es gnatr.

WI! L I A : J GOODYEAR, C. SCHLENKER, RICHARD RETURNS,

Commit'ee. Recommendation adcp ed with un-

derstandirg that there will be no ex-pen-e to the city attached to the same. By Mr. COOT:

Resolved, thr'.t the city clerk be in-str 'c'ed to defer orderirg lights recomn^ended by I'ght commit'ee until aitev exp-^rlment in preceding res­olution takes plac3.

Adopted as follows: Yeas — Aid. Douglas, Hutzel,

Schlenker, Miller, Schumacher, Sherk, Coon, Fischer. Pres. Walz—9.

Nays—Aid. Kearns, Goodyear, Rob­inson—3.

The Special Water Works Commit­tee sent the following action of the committee to the council: It was mov­ed by Mr- Russell and seconded by Colonel Dean, and carried, that this committee reauest the common coun­cil to make Mr. Douglas a member of this committee from this time on in his capacity as a citizen of Ann Arbor. Adopted as follows:

Yeas—Aid. Hutzel, Schlenker, Mil­ler, Kearns, Schumacher, Sherk, Good­year, Coon, Robinson, Fischer, Pres. Waiz—11.

i\ays—JNone. Report of Board of Fire Commission­

ers. To the Honorable the Common Coun­

cil Gentlemen—The board of fire com

missioners, as per resolution of your honorable body Ma^ch 20th, 1905, have advertised for and received b ds on one aerial hook and ladder truck and one combination hose wagon and chemical engine.

The board recommend the purchase of the Scgrave aorlal hook and ladder truck ?-t $42''0 and the Rex combina-lion chemical engine and hose waicn at $1G75.

Recp-^ctfully submitted, SID W. MILLARD. MOSES SEABOLT, GEORGE APFEl .

B'^ard of F re Commiss'o.i€r:. By Aid. Douglas—

Resolved, that matter of fire appar­atus as recommended by the fire com­missioners be referred to incoming council. Adopted.

Report cf City Attorney, To the Common Council,

Gentlemen:—The matter of the claim of the city for one hundred eight dollars and seventeen cents ($108.17) against Schneider Bros, for over-paj^ment on their contract for sewer district number nine (9) re-

218 CouNCii. P R O C E E D I N G S .

le r red to me, I respectfully report tha t Mr. E. L, Schneider has le t t with me an ass ignment of the above amount to be deducted from the bal­ance due him on his cont rac t for sew­er dis tr ict number th i r t een (13) which will be due Ju]y 18th next , and I rec­ommend t h a t the m a t t e r be sett led by the acceptance and filing of t h e as­s ignment .

Very respectfully, THOS. U. KEARNEY,

City At torney.

Adopted as follows: Yeas—Aid. Douglas, Schlenker , Mil­

ler, Kearns , Schumacher , Shsrk , Goodyear, Coon,, Rob 'nson, Fischer , F res . Walz—11.

iNays—None.

Re|>ort of CUy Officers.

T K E A S U B E R ' S R E P O R T .

l o r H o n i b Ending M a r c h 3 i 190

MONEY HECEIVKU.

Contingent Fund.

City Clerk, City Scales $ i ^o '• " Peddler's licenses 12 50

Milk licenses *2 00 Penalty \incollected city tax. 7f0 59 Excess of fall tax rolls ^5 98 $ Dog License Fund From city clerk

Kejected Tax Fiirfd Tax collected 75 21 Credited by county treasurer 6 17

Delinquent Tax Fund Trans, from rejected tax fund

rncollected City Tax Fund City Tax collected in March.. 414 73 Trans, from delinquent tax. . 6ft6 70

Sidewalk Kuilding Fund iSidew'k tax collected in Mar. 447 78 Charged todelinquent tax . . . 585 91

Total

862 47

75

81 38

15. 47

1,101 43

1,0)3 69

3,2-̂ 3 19 On hand March 1 i8,4(;o 8..

Expenditures. 21.694 02 6,828 64

On hand April 1, 1905 14,865 38

DISBURSED, WARRANTS PAID. Continsent Fund 1,018 34 City Cemetery Fund . . . . 23 58 Delinquent Tax Fund . . . . '',937 93 Fire Fund, 742 Oii

.Poor Inind. 161 5 ' Police Fund 368 68 Street Fund 381 81 Uncollected City Tax Fimd . . . 816 5" > e.iected Tax laf, OQ Street Lighting Fund 861 95

Total. 6,828 64

CONDITION OF CITY FUNDS, APR. 1, 1905

Bridge, Culvert and Cross­walk Fund,

Contingent Fund, City Cemetery Fund, Dog License Fimd, . State Dog Tax Fund, Delinquent Tax Fund, Fire Fund, . . . . Poor Fund Police Fund Street Fund, Uncollected City Tax Fund Water Fund, Storm Sewer Fund, . Rejected Tax Fund, Park Fund, Street Lighting Fund, Sidewalk Fund, . Sidewalk Building Fund, .

Total, . Balance on hand.

On Hand

$4,989 51 6,022 75

89 07 75

100 00

567 25 53 32

S80 44 1,761 28

4,178 42 15 45

33 81 1,238 87

62 35 29 36

$19,522 63

Over drawn.

PAVING FUNDS, Tax Account Paving District No. 4,

Tax collected $173 24 Transfer from delinquent. 19 -JO

Tax Account Paving District No. 5, Tax collected 122 'iO Trans, from delinquent tax 164 29

Tax Account Paving District No. 6, Tax collected

Tax Accoiuit Paving District No. 7, Tax collected 91 39 Transfer from delinquent. CO 53

Tax Account Paving District No. 8, Tax collected

Total, . . . . . On hand March i, 1905

Expenditures.

1,923 01

2,576 21

158 03

$4,657 25 14,865 38

192 44

286 99

20 81

151 92

164 93

$ 817 09 17,999 66

18,816 75 6,280 10

On hand April 1, 1905 $l2,5i6 €5 DISBURSED, WARRANTS PAID

Tax account Paving Dislriet No. 4 $3,453 40 Tax account Paving District No. 5 2,114 86 Tax account Pavlu? Dis'rict No. 6 448 FO Labor account Paving District No. 8.. . . 263 01

Total 6,280 10

Condition of Pavin? Funds on the 1st day of April, li,05.

On Over 1

Tax Acc't Pavini Dis. No. 4. Tax Acc't Pavin r Dis No 5, Tax Acc't Pavin-j; Dis. No. 6, Tax Acc't Pavin r Dis. No. 7, Lab.Acc't Pavin >: Dis. No. 7, Tax Acc't Pavin? Dis. No. 8, Lab.Acc't Paving Dis. No. 8,

Total,

LATERAL SEWER FUNDS. Tax Account Lateral Sewer No. 9

Tax collected $ 73 47 Trans, from delinquent tax 51 42 $124 89

Tax Account Lateral Sewer No 10 Tax collected 27 57 Trans. Irom delinquent tax "31 50 59 07

I^abor Account Lateral Sewer No. 11 Trans, from delinquent tax .17 CO

Tax Account Lateral Sewer'No. 12 Tax collected 9-33

hand draw l , f55 20 c,,0 1 89

40! 90 5, 55 55 1,050 95

8 i7 66 61 50

$12,5.6 65

CouNCii. P R O C E E D I N G S . 219 Trans, from delinquent tax 23 29

Tax Account Lateral Sewer No. 13 Tax collected

Total Disbursed, Warrants Faid

Tax Accoimt Lateral Sewer No. 9 Tax Account Lateral Sewer No. 10

15 83

250 01

520 00 520 00

Total 1,040 00 Overdrawn March i 3,140 79

Keceipts. 4,180 79

. 250 01

Overdrawn April 1 Condition of Sewer Funds on the 1st

April, 1905. On

TaxAcc't Lat. S'r No. 9, Lab.Acc't Lat. S'r No. 9, Tax Acc't Lat. S'&No. 10, Tax Acc't Lat. S'r No. ll, Lab.Acc't Lat. S'r No. 11, Tax Acc't Lat. S'r No. 12, Lab.Acc't Lat. S'r No. 12, Tax Acc't Lat. S'r No. 13, Lab.Acc't Lat. S'r No. 13,

Total Balance Overdraft.

Hand

$ 672 23

1078 68

1,293 OC

$^,043 91

3,9^0 78 day of

Over drawn $ 544 24

108 17 319 35

292 38

937 37

4,773 18

$6,974 69 3,9t,0 78

STATE, COUNTY AND SCHOOL FUNDS j^tate Tax Fund

Collected in March $ S56 90 County Tax Fund

Collected in March 208 50 School Tax Fund

Collected in March $574 75 Charged to Delinquent Tax 597 49 1,172 2-i

Total .... I,7n7 64 On hand March l 28,108 46 Total 29,846 10 Amount of Lxpenditures 29,846 10 Accounts balanced

Condition of State, C'ounty and School Funds on the 1st Day ol April, 1905.

DISBURSED, WAUUANTS P A I D . County Tax " Ireasurer $6,10.^59 State Tax paid Ireasarer 5,505 14 School Tax " Treasurer 18,2̂ 7 37

Cash in Treasury. 61 97 $23,409 28

Total " 29,846 10 Ann Arbor, Mich, April 1, 1905.

To Whom it May Concern: This is to cert-fy tha t S. W.

Beakes as Treasure r of the City of Ann Arbor has oa deposit in the l^armers ft Mechanics Bank the sum of twenty three thousand, four hun­dred nine dollars and twenty eight cents ($23,409.28).

Signed, H. A. WILLIAMS, Assis tant Cashier.

On Hand—City Funds, Paving Funds,

Overdrawn—Sewer Funds,

$14,865 .S8 12,5S6 e5

$27,402 03 3,9 0 78

23,471 25

Bank Balance, Respectfully Submitted,

S. W. BEAKES, Treas.

Reports of City Treasurer , Marshal , Clerk, City Physician and Jus t ice Doty received accepted and ordered on file.

Bill of Michigan Sta te Telephone Co. agains t L. D. Grose received and payment by c.ty refused. By Aid. Fischer—

Resolved, tha t the s t ree t commis­sioner be and is hereby instructed to see tha t the hedge on Fores t avenue, between Oakland avenue and W e l s s t ree t is t r immed to proper ty 1 ne.

Adopted. By Aid. C o o n -

Resolved, t ha t the Common Council resolve itself Into a board of election commissioners and canvass the v.-te on the election-held in this city, Mon­day, Apr.l 3d, 1905. Adopted as follows:

Yeas—Aid. Douglas, Schlenker, Mil­ler, Kearns , Schumacher , Sherk, Goodyear, Coon,, Rob nson, Fischer, fres. Walz—11.

Nays—JNone. Ann Arbor, Mich., April 6th, 1£05

To the Board of Flect ion Canvassers of the City of Ann Arbor, Gent lemen:—The following is a tab­

ulated list of the votes reca ive i by the several candidates for city and ward offices a t the elecUon held in and for the City of Ann Arbor. Mon­day, the 3d day of April, 1905:

Mayor. Francis M. Hamil ton—F'r t ward,

178; Serond ward 12*; T t J d ward 171; Four th ward 209; Fifth ward 65; S x t h ward 168; Seven'.h ward 240. To::al 1155.

Henry W. Douglas—First ward 145; Second ward ^10; Third ward 245; Four th ward 187; Fifth ward 53; Sixth ward 64; Seventh ward 112. Total 1116.

Majority for Hamil ton 39. President of the Council,

Eugene S. Gilmore—First ward 192; Second ward 123; Third ward 193; Four th ward 234; Fifth ward 7Z;

220 COUNCII, P R O C K E D I N G S .

Sixth ward 183; Seventh ward 257. Total 1254.

Edward W. S taeb le r—Firs t ward 132; Second ward 311; Third ward 223; Four th ward 161; Fifth ward 46; Sixth ward 48; Seventh ward 94. To­tal 1015.

Majority for Gilmore 239. City Clerk.

Ross Granger—Firs t ward 160; Sec­ond ward 307; Thi rd ward 243; Four th ward 187; Fifth ward 54; Sixth ward 133; Seventh ward 134. Total 1218.

City Assessor . Edward L. Seyler—Firs t ward 206

Second ward 163; Th i rd ward 199 Four th ward 233; Fif th ward 72 Sixth ward 188; Seventh ward 269. Total 1330.

Jus t ice cf Peace . Andrew E. G i b s o n ^ * ir£t ward 203

Second ward 178; Third ward 170 Four th ward 218; Fi f :h ward 66 liixth ward 177; Seventh ward ^74. Total 1286.

Michael J. MarUn—Firs t ward 117 Second ward 256; Third Wird 147 Four th ward 177; Fif th ward 51 S xth ward 55; Seventh ward 70. To­tal 973.

Majority for Gibson 313. Supervisor ,

F i r s t ward—John R. Miner 212. Second ward—George J. Ziefle 169;

Eugene Oesterl in 265. Ma:'ority for Oester l in 96.

Thir-d ward—Jacob J. F . scher 154; Edward T. Ryan 262. Majority lor l iyan lOS.

l<o^r::h ward—Hern:an K-a r f 202; WUl'am Walsh 193. Majority f . r Krapf y.

F i r h ward—George "W. Weeks 58. S x 'h ward—Art J. K i t :on 175; John

R. Allen 57. Majority for Ki t .on 118. Seventh ward—Burt F . Schumacher

128. Aldsrman.

Firs t war^—Clement W. Gill 214. Wm. Blc'.ir a,D7.

Second w»rd—Henry J. Hochrain 171; Loiijj KurLz 2GQ. Majority for Kurtz 89. •

Third ward—Char l : s L. M 1 er 230;

Jul ius Koernke 186. Majority for Mil­ler 44.

Four th ward—Har twig H. Herbst 191; Bruno St. J a m e s Jr . 205. Major­ity for St. J a m e s 14 .

Fifth ward—Edward B. Manwaring 73.

Sixth ward—Will iam Goodyear 178; Thomas B. Cooley 54. Majority for Goodyear 124.

Seventh ward—Oscar L. Robinson 196; Horat io J. Abbott 154. Majority lor Robinson 42,

Constable. F i r s t ward—i^red Markley 203. Second ward—Fred Huhn 200; Mar­

ten Welsh 234. Ma:ority for Welsh 34.

Third ward—Jacob Becks Jr . 174; Marven Davenpor t 242. Majority for Davenport 68.

Foui t t i ward—John L. Cox 2^3; John Zebbs 158. Mai'ority ior Cox 75.

Fifth ward—Wil l iam F . Blackburn 64; J o s e r h A. Secora 54. Majcrity-for Blackburn 10.

Sixth ward—Eug ne A. Wines 170; George P. Ottley 61. Majority for Wines 109.

Seventh ward—Pete r Hines 255; \V lliam Malloy 94. Majority for Hinee 161.

Respectfully submitted, ROSS GRANGER, City Clerk.

By Aid. Coon— • > Resolved, t ha t we adjourn as board

of canvassers r,nd r s s um e in session of common council. Adopted as follows:

Yeas—Aid. Douglas, Schlenker, Mil­ler, l^earns, Sch imac.':e", ShsrU. Goodyear, Cocn,, Robinson, Fischer, P res . Walz—11.

iNays—None. By Aid. Kearns— •

Keso .v 'd , t t a t the Common Co ircil of the City of Ann Arbor at a reg lar session of the Common Counc 1, at the council chambers in. said c'ty, on the 6th day of April , A. D. 1905, fo nd the tollowing nam^d persons weie duly elected to tbe foll^wi g city and ward oti .ces:

Mayor—l^rancis M. Hamilton. Pres ident of. the Counc 1—Bugenp S.

Gilmore.

CouNCii. P R O C K K D I N G S . 221

City Clerk—Ross Granger. City Assessor—Edward Seyler. Just ice of the Peace—Andrew E.

Gibson. Supervisors—First ward, John R.

Miner; Second ward, Eugene Oester-iin; Third ward, Edward T. Ryan; Four th ward, Herman Krapf; Fifth ward, George W. Weeks Sr; Sixth ward, Arthur J. Kitson; Seventh ward Burt F . Schumacher.

Aldermen—First ward, full term, Clement W. Gill, to fill vacancy. Wil­liam Blair; Second ward, Louis Kurtz ; x^iird ward, Charles L. Miller; Fourth ward. Bruno S t James , J r . ; Fifth ward, Edward B. Manwaring; Sixth ward, William Goodyear; Seventh ward, Oscar L. Robinson.

Constables—First ward, Fred Mark-ley ; Second ward, Mart in Welsh; Third ward, Marvin Davinport; Four th ward, John L. Cox; Fifth ward, William E. Blackburn; Sixth ward, Eugene A. Wines ; Seventh ward, Pe te r Hines. Adopted as follows:

Yeas—Aid. Douglas, Schlenker, Mil­ler, Kearns , Schumacher, Sherk, Goodyear, Ccon,, R o b i n ^ p , Fischer, Pres . Walz—11. ^P.^

Nays—None. By Aid. Schumacher :

Resolved, Tha t a brick crosswalk be

\

built on Detroit s t reet a t intersection of Fifth avenue and Detroit s t reets , south side. Adopted as follows:

Yeas—Aid, Douglas, Schlenker, Mil­ler, Kearns, Schumacher. Sherk, Goodyear, Coon^, Robinson, Fischer, Pres . Walz—11.

Nays—None. By Aid. Schlenker:

Resolved, Tha t the city clerk be in­structed to procure two gold dollars, have them suitably engraved and pre­sent them to Hon. Ar thur Brown, re­t ir ing mayor of our city. Adopted as follows:

Yeas—Aid. Douglas, Schlenker, Mil­ler, Kearns, Schumacher, Sherk, Goodyear, Coon,, Robinson, Fischer, Pres , Walz—11.

Nays—None. By Aid. Fischer :

Resolved, That a vote of thanks be tendered to the president of the Coun­cil, John C. Walz, city at torney, Thomas D. Kearney, and the outgoing aldermen for the faithful performance of their duties during their te rm of office.

On motion the council adjourned. ROSS GRANGER, Clerk.